Question
Consider the following statements regarding burden of
proof under PCA, 1988: Statement 1: The prosecution must prove guilt beyond reasonable doubt in PCA cases. Statement 2: Once a public servant possesses property unaccountably, burden shifts to prove legitimate source. Statement 3: Unexplained property can be presumed proceeds of corruption. Statement 4: Reverse burden applies to criminal misconduct charges. Which statements are correct?Solution
Standard burden applies—Statement 1 is correct. Reverse burden under Section 20 for unexplained property—Statement 2 is correct. Presumption attaches to unexplained property—Statement 3 is correct. Criminal misconduct (Section 13) triggers reverse burden—Statement 4 is correct. All statements are correct (though answer options don't include all four).
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